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부산지방법원 동부지원 2013.11.12 2013고단2741

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.


Punishment of the crime

On August 27, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. in Busan District Court's Dong Branch branch branch court, and the above judgment was finalized on August 28, 2013.

The Defendant was a business owner who employs five full-time workers under the trade name of “C” in Busan Southern-gu B, and engages in indoor construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant, at the foregoing workplace from October 19, 201 to November 25, 2011, did not pay 2.4 million won for retired workers D’ wages, 1.55 million won for workers E’ wages, 1.55 million won for workers F’ wages, 1.55 million won for workers’ wages, 1.555 million won for workers’ wages, and 7.5 million won for workers’ wages, within 14 days from retirement without any agreement on extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;